DISFRANCHISEMENT. The act of de priving a member of a corporation of his right as such, by expulsion.
It differs from amotion (q. v.), which is ap plicable to the removal of an officer from office, leaving him his rights as a member ; Wine. Corp. n. 708 ; Ang. & A. Corp. 237 ; 10 H. L. Cas. 404; State v. Adams, 44 Mo. 570 ; White v. Brownell, 2 Daly (N. Y.) 329.
The power of disfranchisement extends only to societies not owning property or organiz ed for gain ; unless the power be given by the charter ; Evans v. Philadelphia Club, 50 Pa. 107; Green's Brice, Ultra Vireo 45 ; 41 L. T. N. S. 490 ; People v. Board of Trade of Chicago, 80 Ill. 134 ; People v. New York Cot ton Exchange, 8 Hun (N. Y.) 216 ; Ang. & A. Corp. § 410. It extends to the expulsion of members who have proved guilty of the more heinous crimes, as to which there must first be a conviction by a jury ; Com. v. Ben evolent Society, 2 Binn. (Pa.) 448, 4 Am. Dec. 4; Society for Visitation of Sick v. Cora., 52 Pa. 125, 91 Am. Dec. 139. It is said that the power exists where members do not ob serve certain duties to the corporation, es pecially where the breach tends directly or indirectly to the forfeiture of the corporate rights, and franchises, and the destruction of the corporation ; Green's Brice, Ultra Vi reo 45 ; People v. Board of Trade of Chicago, 45 Ill. 112 ; Hussey v. Gallagher, 61 Ga. 86 ; Sale v. Baptist Church, 62 Ia. 26, 17 N. W.
143, 49 Am. Rep. 136. A member is entitled to notice of the charges against him, and to an opportUnity to be heard ; Evans v. Phila delphia Club, 50 Pa. 107; People v. Sailors' Snug Harbor, 54 Barb. (N. Y.) 532; State v. Board of Management, 40 N. J. L. 295 ; People v. Benevolent Society, 24 How. Pr. (N. Y.) 216 ; State v. Adams, 44 Mo. 570; Gregg v. Medical Society, 111 Mass. 185, 15 Am. Rep. 24. See AssocuaroN; EXPULSION.
Except in cases authorized by constitution al provisions, a citizen entitled to vote can not be disfranchised, or deprived of his right by any action of the public authorities, and a law having such effect is void ; Cooley, Const. Lim. 776 ; as an act creating a new county and leaving part of its territory un organized so that the voters of that portion could not participate in the election ; People v. Maynard, 15 Mich. 471. A citizen who has been convicted of bribery at an election and has undergone the punishment is qualified to vote, without a pardon ; Osborne v. County Court, 68 W. Va. 189, 69 S. E. 470, 32 L. R. A. (N. S.) 418.
The present use of the word in England is the de priving an individual of his right of voting, or a constituency of their right of returning a member to parliament. May's Parl. Pr.
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